Terms and Conditions

This Agreement was last modified on 18 February 2016.

Emobilexpress.COM User Agreement (this “Agreement” or “Terms”) is entered into among you ( “User” or “You” means all individuals or entities who register, log in, use or browse our Services defined below), and EMOBILEXPRESSCOM, its subsidiaries, affiliates (“EMOBILEXPRESS.COM”, “we”, “us” or “our”) and operational cooperators (“Cooperator”), each as a “Party”, collectively as “Parties”, containing the terms and conditions that govern the access and use of the Services of EMOBILEXPRESS.COM(including but not limited to product-related services, after-sale services, customer services made available at  (“Site”) by us or our subsidiaries and affiliates.

The Site is the property of EMOBILEXPRESS.COM and its licensors. BY USING THIS SITE, YOU AGREE TO THIS AGREEMENT; OTHERWISE, YOU DO NOT USE THIS SITE.
EMOBILEXPRESS.COM reserves the right, at its sole discretion, to add, remove or modify the content of this Agreement, at any time. Each of the changes is effective the moment the changes are posted on the site. It is the User’s responsibility to check regularly. Your continued use of the Site following the posting of changes means that you accept and agree to the changes.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK THE “AGREE” OPTION; ESPECIALLY MAKE SURE YOU UNDERSTAND THE FOLLOWING CLAUSES AND OTHER RELATED CONTENTS. PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS.

1. CONTENT

All materials, literal, pictorial, audio or video, etc., including but not limited to text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer codes of this Site (collectively, “Content”) are owned, controlled or licensed by EMOBILEXPRESS.COM, and are protected by all applicable intellectual property laws and unfair competition laws. Unless expressly consented by this Agreement or EMOBILEXPRESS.COM, User shall not in any forms upload, post, copy, republish, reproduce, publicly display, transmit, encode, translate, mirror or distribute the Site or Content. Additional terms and rules may apply to the purchase of goods or services, all of which are made a part of this Agreement by this reference.

2. USE

User shall use the account and the site based on, without limitation, this article. EMOBILEXPRESS.COM reserves the right to bar any use of the User. EMOBILEXPRESS.COM CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM USER’S FAILURE TO COMPLY WITH THE RULES OF USING.

2.1 USE OF SERVICE

EMOBILEXPRESS.COM may suspend or stop providing Services to the User if the User does not comply with EMOBILEXPRESS.COM’s terms or policies or for any kind of suspected misconduct.
Using Services does not cause the transfer of any intellectual property rights in Services or Content. These terms do not grant the User any right to use any brand or logos used in Services. User shall not obscure, remove, or change any legal notices displayed in or along with Services.

This site displays content generated by Users and third-party entities that are solely responsible that make such content available. EMOBILEXPRESS.COM may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display certain content that EMOBILEXPRESS.COM reasonably believes violates EMOBILEXPRESS.COM’s policies or laws. That being said, EMOBILEXPRESS.COM is not obliged to review all content.

Do not use Services in a way that prevents you from obeying traffic safety laws.
Many Services require an Internet connection. EMOBILEXPRESS.COM is not responsible for expenses that are generated as a result of using Services.

In connection with the use of the Services, EMOBILEXPRESS.COM may send User service announcements, administrative messages, and other information.

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have EMOBILEXPRESS.COM’s written permission.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold EMOBILEXPRESS.COM harmless and indemnify EMOBILEXPRESS.COM and its affiliates, officers, agents, and employees based on the Indemnity clause of this Agreement.

2.2 USE OF THE SITE

EMOBILEXPRESS.COM reserves the right to bar the following activities, without limitation:

Use any automatic device, methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

Attempt to use any illegitimate means to gain unauthorized access to any portion or feature of the Site, or any other networks related to the Site.

Interfere or attempt to interfere with the proper working of the Site.

3. Purchases

Additional terms and conditions may apply to User’s purchases of goods or services at this Site, all of the terms are parts of this Agreement, which User agrees to abide. If there is a conflict between this Agreement and information posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter shall control with respect to your use of that specific portion of the Site or the specific service.

EMOBILEXPRESS.COM may change any products or services offered on the Site, or the applicable prices for any such products or services, at any time, without notice to you.

The following terms also govern and apply to the use of the Site (each as a “Policy” or collectively “Policies”). In case of any contradiction between this Agreement and Policies, the clauses of Policies shall prevail.

3.1 Security:

EMOBILEXPRESS.COM’s Security Policy applies to the use of this Site, and its terms are made a part of this Agreement by this reference. EMOBILEXPRESS.COM will implement reasonable and appropriate measures designed to help User secure the account against accidental or unlawful loss, access, or disclosure.

3.2 Privacy:

Privacy Policy applies to use of this Site, and its terms are made a part of this Agreement.

By using the Site, the User knows, acknowledges, and agrees that internet transmissions are never completely private and any message or information you send to the Site may be read or intercepted by others.

3.3 VIOLATION AND DAMAGE

User breaches the Agreement or any Policy when:
i. violates applicable laws, regulations or any other mandatory rules while using the Site;

  1.  violates any terms of this Agreement or any Policy or other related agreements or rules.

The user knows, understands, acknowledges, and agrees, EMOBILEXPRESS.COM can regulate the procedure and standard of the User’s infringement and may limit or disable the User’s account or other related information when there is any infringement.

The user knows, acknowledges, and agrees that any violation of this Agreement or any Policy by the User constitutes an unlawful action and might cause irreparable or inadequate harm to EMOBILEXPRESS.COM, and the User consents that EMOBILEXPRESS.COM has a right to obtain any injunctive or equitable relief that EMOBILEXPRESS.COM deems necessary or appropriate under such circumstances.

In case of any incompliance with any terms of this Agreement or any Policy, EMOBILEXPRESS.COM’s inaction does not constitute any waiver of any right that EMOBILEXPRESS.COM enjoys under all applicable laws. All waivers by EMOBILEXPRESS.COM must be in writing to be valid. Regardless of any action, EMOBILEXPRESS.COM takes or not takes, and without prejudice to any legal relief that might be granted EMOBILEXPRESS.COM under all applicable laws, EMOBILEXPRESS.COM is entitled to recover from User who violates this Agreement or any Policy for all reasonable direct or indirect costs, goodwill penalty cost and other payments (such as damage, settlement payment, attorney fee, and other related costs).

EMOBILEXPRESS.COM SHALL HAVE BASIC SAFEGUARD OBLIGATION BASED ON PAKISTANI DOMESTIC LAW, HOWEVER, WE SHALL NOT BE HELD ACCOUNTABLE FOR PERFORMANCE OBSTACLES, DEFECTIVE PERFORMANCE, DELAYED PERFORMANCE AND CONTENT CHANGE OF PERFORMANCE CAUSED BY THE FOLLOWING REASONS:

1)
 Natural disaster, strike, commotion, war, government action, judicial or administrative order, and other kinds of force majeure event (defined under article 10.1 of this agreement);

2) Electronic supply breakdown, electronic communications network breakdown, and other failure caused by public service or the third party;

3) Maintaining of equipment and system conventionally or peremptorily, equipment and system breakdown, network information and data security, and other reasons under EMOBILEXPRESS.COM’s good faith governance.

4. DISCLAIMERS AND WARRANTIES

EMOBILEXPRESS.COM provides services using a commercially reasonable level of skill and care and the site and its content are delivered on an “as-is” basis.

To the extent permitted by law, EMOBILEXPRESS.COM excludes all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. EMOBILEXPRESS.COM also disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to the user’s use of the site and/or any EMOBILEXPRESS.COM services.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

5. LIMITATION OF LIABILITY

To the fullest extent permitted by law, EMOBILEXPRESS.COM, and EMOBILEXPRESS.COM’s subsidiaries, affiliates, and cooperators, is not responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.

To the fullest extent permitted by law, the total liability of EMOBILEXPRESS.COM, and its subsidiaries, affiliates, and cooperators, for any claims under these terms, is limited to the amount user paid EMOBILEXPRESS.COM for use of the services (or, if we choose, for supplying to you the services again).

In all cases, EMOBILEXPRESS.COM, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

6. INDEMNITY

User agrees to, to the fullest extent permitted by law, indemnify and hold harmless EMOBILEXPRESS.COM and its each director, officer, employee, attorney, agent and affiliate (each, an “indemnified party”) against any and all actions, claims (whether or not valid), losses, damages, liabilities, penalties, costs and expenses (including without limitation reasonable attorneys’ fees, costs and expenses) losses incurred by or asserted against an indemnified party, whether direct, indirect or consequential, as a result of or arising from or in any way relating to any claim, demand, suit, action or proceeding (including any inquiry or investigation) threatened, asserted or initiated by any person or entity, arising from or in connection with this agreement or any policy or any stipulation contemplated herein; provided, however, that no indemnified party shall have the right to be indemnified hereunder for any liability finally determined by a court of competent jurisdiction, which determination is not subject to appeal, to have arisen from the fraud, gross negligence or willful misconduct of such indemnified party.

7. GOVERNING LAW

All issues relating to the user’s access to or use of the site or this agreement, including all dispute, claim or any other controversy, will be governed by the domestic laws, regulations, and other rules of the Islamic Republic of Pakistan.

8. DISPUTE OF SETTLEMENT

All claims arising out of or relating to these terms or the services under this agreement will be litigated exclusively in the courts of the Islamic Republic of Pakistan, and you and EMOBILEXPRESS.COM consent to the personal jurisdiction of those courts.

9. MISCELLANEOUS

9.1  Force Majeure

For the purposes of this Agreement, Force Majeure Event means an event beyond the reasonable control of either of the Parties including strikes, lock-outs or other industrial disputes (except those involving the workforce of the Party), failure of a utility service or transport network, the act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Users.

EMOBILEXPRESS.COM shall not be liable to User, and User shall not be liable to EMOBILEXPRESS.COM, as a result of any delay or failure to perform its obligations under this Agreement or a Policy as a result of a Force Majeure Event.

The party affected by the Force Majeure Event shall immediately give the other party notice of the nature and extent of the Force Majeure Event, and shall take all reasonable steps to alleviate arrangements as may be fair and reasonable.

9.2 Entire agreement

This Agreement together with the documents referred to in it (including all Policies provided via links) sets out the entire agreement between EMOBILEXPRESS.COM and User and replaces and extinguishes any previous agreement between them in relation to the subject matter of this Agreement and those documents.

Both EMOBILEXPRESS.COM and User acknowledge that in entering into this Agreement and each Policy, it has not relied upon any oral or written statements, collateral or other warranties, assurances, representations, or undertakings which were made by or on behalf of the other party in relation to the subject matter of this Agreement or any Policy (as the case may be) at any time before its signature (“Pre-Contractual Statements”), other than those which are set out in this Agreement or the Policies (as the case may be).

Both EMOBILEXPRESS.COM and User hereby waive all rights and remedies which might otherwise be available to it in relation to such Pre-Contractual Statements.

9.3 Severance

If any provision of this Agreement or a Policy or part thereof is rendered void, illegal or unenforceable in any respect (whether against both or only one of the Parties), the validity, legality, and enforceability of the remaining provisions (and such aforesaid provision against the other Parties) shall not in any way be affected or impaired thereby.

9.4 No assignment

Neither EMOBILEXPRESS.COM nor User may assign, novate, charge, deal, or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the other Party, such consent shall not be unreasonably withheld. Notwithstanding the foregoing, EMOBILEXPRESS.COM may assign, novate, charge, deal, or otherwise transfer or obligations under this Agreement to its Affiliates with prior written notice to User.

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